I 


s 


BANCROFT 
LIBRARY 


THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


STATE  OF  NEVADA 


VETO  MESSAGES 


GOVERNOR  JOHN  SPARKS 

te-/ 


BILLS  OF  THE  LEGISLATURE  OF  1905 
(Twenty- second  Session) 


CARSON     CITY,     NEVADA 
STATE  PRINTING  OFFICE,          :         :         :         :         :          ANDREW  MAUTE,  SUPERINTENDENT 

1905 
337 


Bancroft 


VETO  MESSAGES. 


Assembly  Bill  No.  2, 

INTRODUCED  BY  MB.  PLATT, 

JANUARY  24,  1905. 

AN  ACT 

To  PROVIDE  FOR  THE  PURCHASE  OF  GROUNDS  AT  CARSON  CITY, 
ORMSBY  COUNTY,  NEVADA,  AND  FOR  THE  ERECTION  THEREON 
OF  A  GOVERNOR'S  MANSION,  To  BE  USED  AS  THE  HOME  OF 
THE  STATE  EXECUTIVE. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly. 

do  enact  as  follows: 

SECTION  1.  The  sum  of  fifteen  thousand  dollars  is  hereby  appro- 
priated out  of  any  money  in  the  General  Fund  of  the  Nevada  State 
Treasury,  not  otherwise  appropriated,  for  the  purpose  of  purchasing 
grounds  at  Carson  City,  Ormsby  County,  Nevada,  and  for  the  erection 
thereon  of  a  Governor's  Mansion,  to  be  used  as  the  home  of  the  State 
Executive. 

SEC.  2.  The  Board  of  Capitol  Commissioners  shall,  within  ninety 
days  after  the  approval  of  this  Act,  purchase  such  lot,  tract  or  piece  of 
land  in  Carson  City,  Ormsby  County,  Nevada,  as  in  their  judgment  will 
serve  as  a  fit  and  proper  location  upon  which  to  build  said  mansion; 
and  shall,  at  or  before  the  expiration  of  said  ninety  days,  commence  the 
construction  thereon  of  said  mansion,  which  such  building  shall  be 
completed  and  ready  for  occupancy  on  or  before  the  1st  day  of  October, 
1906. 

SEC.  3.  The  Board  of  Capitol  Commissioners  shall  have  charge  and 
the  management  of  said  building  construction  and  shall  have  power 
and  authority  to  have  the  same  constructed;  provided,  that  the  building 
of  said  mansion  and  the  furnishing  of  the  building  material  to  be  used 
in  the  construction  thereof  shall  be  let  to  the  lowest  responsible  bidder, 
and  the  Board  shall  advertise  for  bids  for  a  period  of  at  least  five  weeks. 
The  person  or  persons  to  whom  shall  be  awarded  any  contract  here- 
under  shall  furnish  a  bond  with  approved  sureties  in  a  sum  to  be  fixed 
by  the  Board,  which  bond  shall  be  conditioned  upon  the  full  and  faith- 
ful performance  of  such  contract;  and  provided  further,  that  the  entire 
foundations  and  walls  of  said  building  shall  be  constructed  of  stone 
and  rubble  prepared  and  furnished  by  Nevada  State  Prison  labor. 

SEC.  4.  The  plans  and  specifications  for  said  building,  not  to  exceed 
in  cost  one  hundred  dollars,  shall  be  agreed  upon  and  adopted  by  the 
Board  of  Capitol  Commissioners;  and  no  change  or  variation  from  said 


4  GOVERNOR'S  VETO  MESSAGES. 

adopted  plans  and  specifications  shall  be  made  whereby  the  contractor 
shall  have  or  be  entitled  to  any  additional  allowance  in  excess  of  the 
amount  named  in  the  contract. 

SEC.  5.  On  the  application  by  the  Board  of  Capitol  Commissioners 
to  the  Board  of  State  Prison  Commissioners,  requesting  stone  and  rub- 
ble as  aforesaid,  it  shall  be  the  duty  of  the  Board  of  Prison  Commis- 
sioners to  direct  the  Warden  of  the  Nevada  State  Prison  to  furnish  said 
Capitol  Commissioners  such  amount  of  stone  and  rubble  as  they  may 
require;  provided,  that  the  Board  of  Capitol  Commissioners,  upon  enter- 
ing into  a  contract  with  any  person  or  persons  for  the  construction  of 
said  building,  shall  require  the  contract  to  specify  the  number  of  perch 
or  cords  of  finished  stone  to  be  furnished  and  delivered  to  the  contractor 
at  the  Prison. 

SEC.  6.  The  Board  of  Capitol  Commissioners  shall  have  power  to 
regulate  the  manner  of  payment  to  and  the  several  amounts  to  be  paid 
to  the  contractor  in  separate  installments  as  work  on  the  building  pro- 
gresses; and  upon  tke  completion  and  acceptance  of  the  building,  the 
entire  remaining  amount  shall  be  paid. 

SEC.  7.  All  claims  and  demands  for  the  construction  of  or  against 
said  building  shall  be  audited  and  paid  as  other  claims  against  the  State. 


VETO  MESSAGE  ON  ASSEMBLY  BILL  NO.  2. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  February  21,  1905. 

To  the  Honorable  the  Assembly: 

I  have  the  honor  to  return  to  your  honorable  body,  without  my 
approval,  Assembly  Bill  No.  2,  entitled  "An  Act  to  provide  for  the 
purchase  of  grounds  at  Carson  City,  Ormsby  County,  Nevada,  and  for 
the  erection  thereon  of  a  Governor's  Mansion,  to  be  used  as  the  home 
of  the  State  Executive." 

My  objections  are  as  follows: 

In  the  first  place,  necessary  appropriations  and  deficiencies  are  now 
approaching  the  limit  allowed  by  law,  as  shown  by  the  several  reports 
of  the  State  officers  and  different  committees  of  the  Legislature,  which 
appeal  to  greater  interests  of  the  people  of  this  State  than  a  Governor's 
Mansion.  Appropriations  should  be  made  and  sustained  for  the  benefit 
of  all  the  people  of  this  State  before  purchasing  or  building  a  mansion 
for  any  officer  of  the  State. 

It  is  my  earnest  desire  that  the  Legislature  in  its  wisdom  will  sustain 
these  objections  and  prevent  the  increase  of  the  rate  of  taxation,  and, 
if  possible,  reduce  such  rate  for  the  benefit  of  taxpayers  who  bear  the 
burden. 

Our  State  is  growing  in  wealth  and  population,  but,  in  my  judgment, 
this  luxury  cannot  be  considered  necessary  at  this  time.  We  have  had 
good  and  efficient  Governors  who  have  served  the  State  with  honor  and 
distinction,  and  have  lived  in  homes  without  cost  to  the  State  exceed- 
ing the  salary  appropriated  by  law,  and  the  rule  can  be  continued  to 
great  advantage  at  this  time. 

Respectfully,  JOHN  SPARKS, 

Governor. 


TWENTY -SECOND  SESSION.  5 

Assembly  Bill  No.  29, 

INTRODUCED  BY  MR.  MC€OURT, 
FEBRUARY  2,  1905. 

AN  ACT 

To  AMEND  AN  ACT  ENTITLED  "AN  ACT  TO  REGULATE  THE  SETTLE- 
MENT OF  THE  ESTATES  OF  DECEASED  PERSONS/'  APPROVED 
MARCH  23,  1897. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.  Section  thirty -eight  of  said  Act  is  hereby  amended  so 
as  to  read  as  follows: 

Section  thirty -eight.  Administration  of  the  estate  of  a  person  dying 
intestate  shall  be  granted  to  some  one  or  more  of  the  persons  herein- 
after mentioned  and  they  shall  be  respectively  entitled  in  the  following 
order:  First — The  surviving  husband  or  wife,  or  such  person  as 
he  or  she  may  request  to  have  appointed.  Second — The  children. 
Third— The  father  or  mother.  Fourth— The  brother.  Fifth— The 
sister.  Sixth — The  grandchildren.  Seventh — Any  other  of  the  kin- 
dred entitled  to  share  in  the  distribution  of  the  estate.  Eighth — The 
Public  Administrator.  Ninth — The  creditors.  Tenth — Any  of  the 
kindred  not  above  enumerated  within  the  fourth  degree  of  consan- 
guinity. Eleventh — Any  person  or  persons  legally  competent;  pro- 
vided, however,  that  letters  of  administration  on  the  estate  of  persons 
dying  intestate  shall  not  be  granted  to  a  non-resident  of  this  State. 


VETO   MESSAGE   ON   ASSEMBLY    BILL   NO.   29. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  February  25,  1905. 

To  the  Honorable  the  Assembly  : 

I  have  the  honor  to  return  to  your  honorable  body,  without  my 
approval,  Assembly  Bill  No.  29 — An  Act  to  amend  an  Act  entitled  "An 
Act  to  regulate  the  settlement  of  estates  of  deceased  persons." 

My  objections  are  that  this  bill  denies  the  right  of  relatives  or  friends, 
who  are  non-residents,  to  administer  on  estates  of  intestate  persons  who 
have  died  here  leaving  property  to  be  administered  upon.  This  is 
wrong,  and  it  is  no  excuse  that  other  States  make  such  exactions  from 
the  people  of  this  State.  The  adoption  of  this  bill  will  work  a  hard- 
ship in  the  settlement  of  both  great  and  small  estates,  and  more  par- 
ticularly on  the  small,  as  many  such  would  not  pay  cost  of  administration. 
Respectfully, 

JOHN  SPARKS, 

Governor. 


6  GOVERNOR'S  VETO  MESSAGES. 

Assembly  Bill  No.  8, 

INTRODUCED  BY  MR.  JACOBSEN, 

JANUARY  26,  1905. 

AN  ACT 

To  PROHIBIT  THE  PURCHASE  OP  INTOXICATING  LIQUORS,  DRUGS,  OR 
OTHER  INTOXICATING  SUBSTANCES  BY  INDIANS. 

The  People  of  the  State  of  Nevada,  represented  in  -Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.  After  the  passage  of  this  Act  it  shall  be  unlawful  for 
any  Indian  to  purchase  or  in  any  manner  obtain  any  ardent,  spirituous 
or  malt  liquors,  or  any  intoxicating  liquors,  or  liquids  or  intoxicating 
drugs  or  substances,  from  any  person  or  persons  whomsoever;  and  any 
Indian  so  unlawfully  purchasing  or  obtaining  in  any  manner  whatso- 
ever such  intoxicants  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  due  conviction  thereof,  before  any  court  of  competent  jurisdiction, 
shall  be  fined  in  a  sum  of  not  more  than  two  hundred  dollars,  or  be 
imprisoned  in  the  county  jail  of  the  county  in  which  said  crime  shall  be 
committed  for  a  term  of  not  less  than  one  year,  or  by  both  such  fine 
and  imprisonment. 

VETO  MESSAGE  ON  ASSEMBLY  BILL  NO.  8. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  2,  1905. 

To  the  Honorable  the  Assembly: 

I  have  the  honor  to  return,  without  my  approval,  Assembly  Bill 
No.  8 — An  Act  to  prohibit  the  purchase  of  intoxicating  liquors,  drugs 
or  other  intoxicating  substances  by  Indians. 

My  objections  are  as  follows: 

First — Almost  all  the  Indians  residing  in  the  State  are  wards  of  the 
General  Government,  and  are  controlled  by  Federal  authority  in  so  far 
as  the  liquor  question  is  concerned  between  the  Indians  and  the  whites. 
This  policy  has  prevailed  for  nearly  a  century,  and  has  been  strictly 
enforced  by  the  Federal  Government  and  State  authorities. 

I  do  not  feel  warranted  in  interfering  with  the  Federal  Government's 
methods.  The  United  States  District  Attorney  for  this  State  advises 
me  that  a  State  law,  such  as  proposed,  will  materially  interfere  with  a 
rigid  enforcement  of  the  Federal  law. 

Second — If  this  bill  becomes  a  law,  the  Indian  purchaser  and  white 
seller  being  criminally  chargeable,  it  is  certainly  probable  that  no  evi- 
dence could  be  obtained  to  establish  the  guilt  of  either. 
Respectfully, 

JOHN  SPARKS, 

Governor. 


TWENTY -SECOND   SESSION.  7 

Assembly  Bill  No,  100, 

INTRODUCED  HY  MR.  HENDERSON, 
FEBRUARY  23,  1905. 

AN  ACT 

To  Sri-. .MIT  TO  THE  QUALIFIED  ELECTORS  OF  ELKO  COUNTY  THE  QUES- 
TION WHETHER  A  NEW  COURT  HOUSE  SHALL  BE  BUILT  IN  THE 
TOWN  OF  ELKO. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.  At  the  general  election  to  be  held  in  Elko  County  in  this 
State  upon  the  first  Tuesday  after  the  first  Monday  in  November  in  the 
year  1906,  the  question  whether  a  new  Court  House  shall  be  built  in 
the  Town  of  Elko  at  a  cost  not  exceeding  the  sum  of  sixty  thousand 
($60,000)  dollars  shall  be  submitted  to  the  qualified  electors  of  the 
county. 

SEC.  2.  It  is  hereby  made  the  duty  of  the  Board  of  County  Commis- 
sioners of  Elko  County  to  submit  said  question  to  said  electors  at  said 
general  election  by  their  general  election  proclamation,  by  ordering  that 
there  be  printed  on  the  ballots  in  an  appropriate  place  the  words: 
"New  Court  House — Yes,"  "New  Court  House — No." 

SEC.  3.  It  is  hereby  made  the  duty  of  the  County  Clerk  of  Elko 
County  to  include  in  the  publication  of  nominations  certified  to  or  filed 
with  him  in  an  appropriate  place  the  words :  "  New  Court  House — 
Yes,"  "New  Court  House — No,"  and  in  like  manner  to  include  the  same 
upon  the  official  ballot  for  said  general  election. 

SEC.  4.  The  vote  upon  said  question  shall  be  canvassed  and  returned 
in  the  same  manner  as  is  provided  by  law  for  the  canvass  and  return 
for  election  of  officers. 

SEC.  5.  If  a  majority  of  the  votes  polled  in  said  county  at  said  gen- 
eral election  shall  be  against  building  a  new  Court  House  then  no 
further  proceedings  shall  be  taken  in  said  county  or  by  said  county's 
representatives  in  the  next  Legislature  of  the  State  towards  bonding 
the  county  for  the  said  sum  of  sixty  thousand  ($60,000)  dollars.  If  a 
majority  of  the  votes  so  cast  at  said  general  election  shall  be  in  favor  of 
building  a  new  Court  House  in  said  county  then  the  representatives 
from  Elko  County  to  the  next  Legislature  of  the  State  are  authorized 
and  directed  to  pass  such  a  law  as  may  be  necessary  to  carry  out  the 
provisions  of  this  Act,  and  the  County  Commissioners  of  said  county 
shall  proceed  as  by  said  law  required. 


VETO   MESSAGE   ON  ASSEMBLY   BILL   NO.  100. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  3,  1905. 

To  the  Honorable  the  Assembly: 

I  have  the  honor  to  return  to  your  honorable  body,  without  my 
approval,  Assembly  Bill  No.  100— An  Act  to  submit  to  the  qualified 


8  GOVERNOR'S  VETO  MESSAGES. 

electors  of  Elko  County  the  question  whether  a  new  Court  House  shall 
be  built  in  the  Town  of  Elko. 

I  base  my  objection  on  the  ground  of  a  request  made  by  the  Elko 
County  Delegation,  consisting  of  Senator  Hunter  and  Assemblymen 
McBride,  Coryell,  and  Henderson,  who  appeared  before  me  in  the  Gov- 
ernor's office  stating  that  they  now  considered  it  inadvisable  to  enact 
the  above-mentioned  bill  into  law. 

Respectfully,  JOHN  SPARKS, 

Governor. 


Senate  Bill  No.  46, 

INTRODUCED  BY  SENATOR  CAMPBELL, 
FEBRUARY  21,  1905. 

AN  ACT 

AUTHORIZING  COUNTIES  TO  REFUND  EXISTING  INDEBTEDNESS. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.  The  Board  of  County  Commissioners  of  any  county  hav- 
ing an  outstanding  indebtedness  on  the  date  when  this  Act  becomes  a 
law,  evidenced  by  bonds  or  warrants  thereof  or  by  judgments  against 
said  county,  by  an  affirmative  vote  of  a  majority  of  the  members  thereof, 
are  empowered,  if  they  deem  it  for  the  public  interest,  to  fund  and 
refund  the  same  and  issue  bonds  of  the  county  therefor  in  sums  not  less 
than  one  hundred  dollars  nor  more  than  one  thousand  dollars  each,  hav- 
ing not  more  than  thirty  years  to  run  and  bearing  a  rate  of  interest  not 
exceeding  five  per  cent  per  annum,  payable  semi -annually,  which  bonds 
shall  be  substantially  in  the  following  form : 

No The  County  of ,  in  the  State  of  Nevada,  for 

value  received,  promises  to  pay ,  or  order,  at  the  office  of 

the  Treasurer  of  said  county,  in on  the  firsi^day  of , 

hundred  and (thirty  years  after  date  or  at  any  time  before  that 

date  and  after  twenty  years  after  date)  at  the  pleasure  of  the  county, 

the  sum  of dollars,  in  United  States  gold  coin,  with  interest 

at  the  rate  of per  cent  per  annum,  payable  at  the  office  of  said 

Treasurer,  semi -annually,  on  the  first  day  of and 

in  each  year,  on  presentation  and  surrender  of  the  interest  coupons 
hereto  attached.  This  bond  is  issued  by  the  Board  of  County  Commis- 
sioners, in  conformity  to  a  resolution  of  said  Board,  dated  the day 

of , hundred  and  ,  and  under  authority  conferred 

upon  said  Board  by  the  provisions  of  an  Act  of  the  Legislature  of 
Nevada,  entitled  "An  Act  authorizing  counties  to  refund  existing 
indebtedness,"  approved 

In  testimony  whereof,  the  said  county,  by  its  Board  of  County  Com- 
missioners, has  caused  this  bond  to  be  signed  by  the  Chairman  of  the 

Board,  and  attested  by  the  County  Clerk,  with  his  seal  attached  this 

day  of , hundred  and 

,  Chairman  of  Board  of  County  Commissioners. 

Attest: ,  County  Clerk. 


TWENTY -SECOND  SESSION. 

And  the  interest  coupons  shall  be  in  the  following  form: 

The  Treasurer  of County,  Nevada,  will  pay  to  the  holder 

hereof,  on  the day  of , hundred  and ,  at  his 

office  in , dollars,  United  States  gold  coin,  for 

interest  on  County  Bond  No 

,  Chairman  of  Board  of  County  Commissioners. 

Attest: ,  County  Clerk. 

SEC.  2.  Whenever  bonds  issued  under  this  section  shall  be  duly 
executed,  numbered  consecutively,  and  sealed,  they  shall  be  delivered 
to  the  County  Treasurer,  and  his  receipt  taken  therefor,  and  he  shall 
stand  charged  on  his  official  bond  with  all  bonds  delivered  to  him  and 
the  proceeds  thereof,  and  he  shall  sell  the  same  or  exchange  the  same 
under  the  direction  of  the  Board  of  County  Commissioners,  on  the  best 
available  terms,  for  any  legal  indebtedness  of  the  county  outstanding 
on  the  date  when  this  Act  becomes  a  law,  and  if  any  portion  of  such 
bonds  are  sold  for  money  the  proceeds  thereof  shall  be  applied  exclu- 
sively for  the  payment  of  liabilities  existing  against  the  county  at  and 
before  the  date  above  named.  When  they  are  exchanged  for  bonds  or 
warrants  or  other  legal  evidences  of  county  indebtedness,  the  Treasurer 
shall  at  once  proceed  to  cancel  the  old  bond  and  such  other  evidence  of 
indebtedness  by  stamping  on  the  face  thereof  the  amount  for  which 
they  were  received,  the  word  "Canceled,"  and  the  date  of  cancelation, 
and  if  said  bonds,  or  any  of  them,  shall  be  exchanged  for  any  judg- 
ment indebtedness  against  said  county,  said  Treasurer  shall  require 
the  delivery  to  him,  for  filing  in  the  proper  court,  of  a  duly  executed 
release  and  satisfaction  of  said  judgment.  He  shall  also  keep  a  record 
of  bonds  sold  or  exchanged  by  him,  by  number,  date  of  sale,  amount, 
date  of  maturity,  the  name  and  postoffice  address  of  purchasers,  and, 
if  exchanged,  what  evidence  of  indebtedness  was  received  therefor; 
which  record  shall  be  open  at  all  times  for  inspection  by  the  public. 
Whenever  the  holder  of  any  bond  shall  sell  or  transfer  it  the  purchaser 
shall  notify  the  Treasurer  of  such  sale  or  transfer,  giving  at  the  same 
time  the  number  of  the  bonds  transferred  and  his  postoffice  address, 
and  every  transfer  shall  be  noted  on  the  record.  The  Treasurer  shall 
also  report,  under  oath,  to  the  Board,  semi -annually,  a  statement  of 
all  bonds  sold  or  exchanged  by  him  since  the  preceding  report,  and  the 
date  of  such  sale  or  exchange,  and,  when  exchanged,  a  list  or  descrip- 
tion of  the  county  indebtedness  exchanged  therefor,  and  the  amount  of 
accrued  interest  received  by  him  on  such  sale  or  exchange,  which  latter 
sum  shall  be  charged  to  him  as  money  received  by  him  on  Bond  Fund, 
and  so  entered  by  him  on  his  books;  but  such  bonds  shall  not  be  sold 
or  exchanged  for  any  indebtedness  of  the  county,  except  by  the 
approval  of  the  Board  of  County  Commissioners  of  said  county.  No 
sale  shall  be  made  of  any  such  bonds  except  to  the  highest  bidder, 
after  advertising  for  bids  for  the  purchase  of  the  same  for  not  less  than 
three  weeks  in  at  least  one  newspaper  published  in  the  county,  if  there  be 
a  newspaper  published  in  the  county,  and  if  not,  then  in  some  newspaper 
of  general  circulation  published  in  the  State,  the  right  being  reserved  in 
such  advertisement  to  reject  any  and  all  such  bids,  but  said  bonds  may 
be  exchanged  for  other  bonds  or  warrants  or  other  indebtedness  against 
the  county,  without  advertisement,  at  any  time  under  the  direction  of 
the  Board  of  County  Commissioners. 

237 


10  GOVERNOR'S  VETO  MESSAGES. 

SEC.  3.  The  Board  of  County  Commissioners  shall  cause  to  be 
assessed  and  levied  each  year,  upon  the  taxable  property  of  the  county, 
in  addition  to  the  levy  authorized  for  other  purposes,  a  sufficient  tax 
to  pay  the  interest  on  outstanding  bonds  issued  in  conformity  with  the 
provisions  of  this  Act,  accruing  before  the  next  annual  levy;  in  the 
twentieth  year  after  the  issue  of  such  bonds,  and  in  each  year  there- 
after, a  tax  sufficient  to  pay  one -tenth  of  the  total  amount  of  bonds 
issued;  and  the  moneys  arising  from  such  levies  shall  be  known  as  the 
Bond  Fund,  and  shall  be  used  for  the  payment  of  bonds  and  interest 
coupons,  and  for  no  other  purpose  whatever;  and  the  Treasurer  shall 
open  and  keep  in  his  books  a  separate  and  special  account  thereof, 
which  shall  at  all  times  show  the  exact  condition  of  said  Bond  Fund. 

SEC.  4.  Whenever,  after  twenty  years  from  the  date  of  the  bond,  the 
amount  in  the  hands  of  the  Treasurer,  belonging  to  the  Bond  Fund, 
after  setting  aside  the  sum  required  to  pay  the  interest  maturing  before 
the  next  levy,  is  sufficient  to  redeem  five  or  more  bonds,  he  shall  notify 
by  mail,  the  owner  of  such  bond  or  bonds  that  he  is  prepared  to  pay 
the  same,  with  all  interest  accrued  thereon,  and  that  if  not  presented 
for  payment  or  redemption  within  forty  days  after  the  date  of  such 
notice,  the  interest  on  such  bonds  shall  cease,  and  the  amount  due 
thereon  shall  be  set  aside  for  its  payment  whenever  presented.  The 
notice  shall  be  directed  to  the  owner's  postoffice  address,  as  shown  by 
the  record  kept  in  the  Treasurer's  office.  If  said  bonds  are  not  so  pre- 
sented, interest  shall  cease,  and  the  amount  due  shall  be  set  aside  as 
specified  in  said  advertisement.  All  redemptions  shall  be  made  in  the 
exact  order  of  their  issuance,  beginning  at  the  lowest  or  first  number, 
and  the  notice  herein  required  shall  be  directed  to  the  postoffice  address 
of  the  owner,  as  shown  by  the  record  kept  in  the  Treasurer's  office. 


VETO   MESSAGE    ON    SENATE   BILL   NO,  46. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  6,  1905. 

To  the  Honorable  the  Senate: 

I  have  the  honor  to  return  to  your  honorable  body,  without  my 
approval,  Senate  Bill  No.  46 — An  Act  authorizing  counties  to  refund 
existing  indebtedness. 

My  objections  to  the  bill  are: 

That  its  provisions  apply  to  all  the  counties  of  the  State,  and  that 
reports  of  the  financial  condition  of  all  counties  in  this  State,  excepting 
Lincoln,  are  such  as  to  make  its  provisions  objectionable.  I  deem  it 
inexpedient  to  apply  a  local  measure,  which  is  not  suitable  to  but  one 
county,  binding  on  all  other  counties  of  the  State. 

This  bill  gives  the  Board  of  County  Commissioners  of  the  several 
counties  the  power  to  sell  or  exchange  county  indebtedness  whenever, 
in  their  judgment,  it  is  for  the  public  interest  to  refund  the  same,  and 
issue  bonds  of  the  county  therefor.  This  is  certainly  a  most  extraor- 
dinary and  unusual  power  to  be  delegated  to  a  Board  of  County  Com- 
missioners without  explicit  mandatory  conditions.  The  funding  and 
refunding  of  county  indebtedness  under  this  Act  might  result  in  a  sac- 
rifice too  great  for  any  county.  No  provision  for  a  fixed  value  has  been 
expressly  stated,  and  in  such  cases  the  county  might  be  subjected  to  a 


TWENTY -SECOND   SESSION.  11 

surrender  of  its  securities  without  realizing  their  real  value,  and  would 
operate  against  their  commercial  value  on  the  market.  They  would  be 
subject  to  sale  under  the  Sheriff's  hammer  in  front  of  the  Court  House 
of  the  county,  which  might  prove  disastrous  and  disgraceful  to  the 
credit  of  the  counties  negotiating  a  loan.  No  county  in  this  State 
should  be  authorized  to  issue  its  bond  at  a  less  valuation  than  one  hun- 
dred cents  on  the  dollar. 

Respectfully,  JOHN  SPARKS, 

Governor. 


Assembly  Bill  No,  38, 

INTRODUCED  BY  MR.  DODGE, 
FEBRUARY  0,  1905. 

AN  ACT 

PROVIDING  ASSISTANCE  FOR  MAINTAINING  AN  EXHIBIT  OF  MINERAL, 
AGRICULTURAL  AND  OTHER  RESOURCES  OF  THE  STATE,  AND 
PUBLISHING  AND  DISTRIBUTING  INFORMATION  AND  LITERATURE 
CONCERNING  THE  RESOURCES  OF  NEVADA,  PAYING  OUT,  DEPOSIT- 
ING AND  DISTRIBUTING  THE  MONEY  APPROPRIATED  THEREFOR, 
AND  OTHER  MATTERS  IN  RELATION  THERETO. 

WHEREAS,  Two  hundred  and  twenty -five  citizens  of  the  State  of 
Nevada,  did,  on  November  1,  1902,  duty  form  a  corporation  under  the 
laws  of  said  State  under  the  nape  of  Reno  Chamber  of  Commerce,  for 
the  objects  and  purposes  following,  to  wit: 

(1)  To  promote,  foster  and  encourage  commerce. 

(2)  To  encourage  and  stimulate  manufacturing  enterprises  through- 
out the  State  of  Nevada  and  adjacent  territories. 

(3)  To  assist  in  creating  and  securing  markets  for  the  products  of 
the  State  of  Nevada  and  adjacent  territory. 

(4)  To  encourage  the  inauguration  of  irrigation  enterprises  for  the 
reclamation  of  arid  lands. 

(5)  To  induce  immigration  and  the  subdivision  and  settlement  and 
cultivation  of  our  lands. 

(6)  To  bring  to  the  attention  of  the  general  public  the  superior 
advantages  possessed  by  the  State  for  the  profitable  breeding,  growing 
and  marketing  of  all  kinds  of  live  stock. 

(7)  To  direct  special  attention  to  the  mines  developed  and  partially 
developed,  and  to  open  up  avenues  to  encourage  intending  investors  in 
such  property. 

(8)  To  encourage  the  development  of  the  vast  mineral  resources 
that  are,  comparatively  speaking,  dormant  throughout  the  State,  and 
to  bring  them  to  the  attention  of  capital. 

(9)  To  advertise  the  vast  timber  resources  in  and  adjacent  to  the 
State. 

(10)  To  devise  ways  and  means  for  securing  and  maintaining  a  per- 
manent exhibit  of  the  mineral,  agricultural  and  other  resources  of  the 
State,  and  to  encourage  every  county  in  the  State  and  adjacent  terri- 
tory to  assist  in  accomplishing  this  object.. 


12  GOVERNOR'S  VETO  MESSAGES. 

(11)  And  generally  to  promote  the  material  and  best  interests  of 
this  State  and  the  counties  adjacent  thereto. 

(12)  To  lease,  purchase,  own  and  hold,  sell,  convey,  mortgage,  con- 
vey in  trust,  and  release  from  trust  or  mortgage,  real  and  personal 
property,  to  borrow  and  loan  money,  give  and  take  security  therefor, 
and  generally  to  do  any  and  all  things  which  may  be  found  necessary, 
desirable  or  useful  in  the  accomplishment  of  any  of  the  objects  and 
purposes  aforesaid;  and 

WHEREAS,  Said  corporation  has  ever  since  said  date  continuously 
maintained,  and  now  maintains,  a  large  and  creditable  exhibit  of  the 
mineral,  agricultural,  and  other  resources  of  the  State  in  a  room  prom- 
inently located  opposite  the  Southern  Pacific  Company's  passenger 
depot  at  Reno,  Nevada;  which  said  exhibit  has  been  visited  by  thou- 
sands of  people  passing  through  this  State,  and  from  which  said  exhibi- 
tion room  a  vast  amount  of  literature  descriptive  of  the  resources  of 
Nevada  has  been  distributed  by  the  Secretaries  of  said  corporation ;  and 

WHEREAS,  The  expense  of  maintaining  said  exhibit  and  printing  and 
distributing  said  literature  has  been  three  thousand  ($3,000)  dollars* 
per  year  during  said  time,  or  a  total  sum  to  date  of  six  thousand  seven 
hundred  and  fifty  ($6,750)  dollars,  all  of  which  was  voluntarily  con- 
tributed by  enterprising  citizens  of  the  State,  prominently  among 
whom  were  and  are  His  Excellency  Governor  Sparks,  Senator  Francis 
G.  Newlands,  Senator  George  S.  Nixon,  ex-Senator  P.  L.  Flanigan, 
Senator  T.  L.  Oddie,  the  late  Joseph  R.  Ryan,  Hon.  W.  E.  Sharon  and 
others;  and 

WHEREAS,  Said  incorporators  and  contributors  believe  that  said 
exhibit  has  and  will  continue  to  be  of  incalculable  benefit  to  the  State, 
and  that  it  should  in  future  be  maintained,  in  part  at  least,  by  the 
general  public; 

Now,  THEREFORE,  Said  incorporators  beg  leave  to  request  enactment 
of  the  following,  to  wit : 

AN  ACT  PROVIDING  ASSISTANCE  FOR  MAINTAINING  AN  EXHIBIT  OF 
THE  MINERAL,  AGRICULTURAL,  AND  OTHER  RESOURCES  OF  THE 
STATE,  AND  PUBLISHING  AND  DISTRIBUTING  INFORMATION  AND 
LITERATURE  CONCERNING  THE  RESOURCES  OF  NEVADA,  PAY- 
ING OUT,  DEPOSITING  AND  DISTRIBUTING  THE  MONEY  APPRO- 
PRIATED THEREFOR,  AND  OTHER  MATTERS  IN  RELATION 
THERETO. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.  For  the  purpose  of  enabling  the  corporation  known  as 
the  "Reno  Chamber  of  Commerce,"  or  the  Nevada  Chamber  of  Com- 
merce, if  the  name  "Nevada  Chamber  of  Commerce'7  shall  be  substi- 
tuted by  said  corporation  for  its  present  name,  to  continue  during  the 
years  1905  and  1906,  the  maintenance  of  an  exhibit  of  the  mineral, 
agricultural  and  other  resources  of  the  State  of  Nevada  and  publishing 
and  distributing  information  and  literature  concerning  the  resources  of 
said  State,  the  sum  of  thirty-six  hundred  ($3,600)  dollars  is  hereby 
appropriated  out  of  any  money  in  the  General  Fund  of  the  State  of 
Nevada  not  otherwise  appropriated. 


TWENTY -SECOND    SKSSION.  I-'! 

SEC.  2.  The  State  Controller  is  hereby  authorized  and  required  to 
draw  his  warrant  in  favor  of  the  President  and  Secretary  of  the  corpo- 
ration, and  for  the  sum  named  in  section  one  of  this  Act,  on  the  demand 
of  said  President  and  Secretary,  and  the  State  Treasurer  is  hereby 
authorized  and  directed  to  pay  the  same;  provided,  that  said  sum  shall 
be  paid  in  monthly  installments  of  one  hundred  and  fifty  dollars  each, 
beginning  with  the  month  of  March,  A.  D.  1905,  and  continuing  monthly 
thereafter  until  said  sum  shall  all  have  been  paid,  and  the  President 
and  Secretary  of  said  corporation  shall  draw  orders  in  writing  in  the 
name  of  said  corporation  on  said  Controller  monthly  for  said  sum  of 
one  hundred  and  fifty  dollars,  and  said  money  shall  be  used  only  for 
paying  the  rent  and  other  expenses  for  maintaining  said  exhibit  and 
distributing  information  concerning  the  State's  resources. 

SEC.  3.  All  Acts  and  parts  of  Acts  in  conflict  herewith  are  hereby 
repealed. 

VETO    MESSAGE    ON  ASSEMBLY  BILL  NO.  38. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  8,  1905. 

To  the  Honorable  the  Assembly: 

I  have  the  honor  to  return  to  your  honorable  body,  without  my 
approval,  Assembly  Bill  No.  38; — An  Act  providing  assistance  for  main- 
taining an  exhibit  of  mineral  and  agricultural  resources  of  the  State. 

This  corporation  could,  under  the  provisions  set  forth,  enter  into  a 
banking,  real  estate  or  loan  association,  to  do  and  transact  any  and  all 
business  now  enjoyed  by  such  institutions,  contrary  to  Section  9  of 
Article  VIII  of  the  Constitution  of  the  State  of  Nevada. 

It  appears  to  me  that  the  fourteen  counties  of  this  State  should  have 
equal  rights  in  the  direct  benefits  of  this  law  creating  an  obligation 
which  is  only  beneficial  to  one  county  and  one  corporation  mentioned 
in  this  Act.  If  the  Chamber  of  Commerce  is  to  be  sustained  as  a  State 
institution  it  should  be  located  at  the  State  Capital. 

Section  9  of  Article  VIII  of  the  Constitution  of  the  State  of  Nevada, 
referred  to  above,  reads  as  follows: 

SECTION  9.  The  State  shall  not  donate  or  loan  money  or  its  credit, 
subscribe  to  or  be  interested  in  the  stock  of  any  company,  association, 
or  corporation,  except  corporations  formed  for  educational  or  charita- 
ble purposes. 

Respectfully,  JOHN  SPARKS, 

Governor. 


14  GOVERNOR'S  VETO  MESSAGES. 

Assembly  Bill  No.  47, 

INTRODUCED  BY  MR.  HASTINGS 

(BY   BEQUEST), 

FEBRUARY  9,  1905. 

AN  ACT 

REGULATING  THE  ASSESSMENT  AND  TAXATION  OF  BANKS  AND  OF  THE 
SHARES  OF  STOCK  THEREIN. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  folloivs: 

SECTION  1.  All  of  the  property  of  every  bank  in  which  no  shares 
of  stock  have  been  issued  shall  be  assessed  to  it  in  the  same  manner 
and  form  as  other  property  is  assessed  to  the  owners  thereof. 

SEC.  2.  All  the  shares  of  stock  in  banks,  whether  of  issue  or  not, 
existing  by  authority  of  the  United  States,  or  of  the  State  of  Nevada, 
or  of  any  other  State,  Territory,  or  foreign  government,  and  located 
within  the  State  of  Nevada,  shall  be  assessed  to  the  owners  thereof  in 
the  county,  city,  town  or  district  where  such  banks  are  located,  and  not 
elsewhere,  in  the  assessment  of  all  State,  county,  town,  or  special  taxes, 
imposed  and  levied  in  such  place,  whether  such  owner  is  a  resident  of 
said  county,  city,  town  or  district  or  not.  All  such  shares  shall  be 
assessed  at  their  full  cas~h  value  on  the  first  day  of  May,  first  deducting 
therefrom  the  proportionate  value  of  the  real  estate  belonging  to  the 
bank,  at  the  same  rate  and  no  greater  than  that  at  which  other  moneyed 
capital  in  the  hands  of  citizens  and  subject  to  taxation  is  by  law  assessed. 
And  the  persons  or  corporation  who  appear  from  the  records  of  the 
banks  to  be  the  owners  of  shares  at  the  close  of  the  business  day  next 
preceding  the  first  day  of  May  in  each  year  shall  be  taken  and  deemed 
to  be  the  owners  thereof  for  the  purpose  of  this  section. 

SEC.  3.  The  real  estate  belonging  to  any  bank  shall  be  assessed  to 
it  in  the  same  manner  and  form  as  other  real  estate  is  assessed  to  the 
owners  thereof. 

SEC.  4.  No  bank  in  which  shares  of  stock  have  been  issued  shall  be 
assessed  upon  other  property  than  its  real  estate  and  no  stockholder  in 
such  bank  shall  be  assessed  on  account  of  his  property  interest  therein 
except  for  his  shares  of  stock  as  hereinbefore  provided. 

SEC.  5.  Every  bank  in  which  shares  of  stock  have  been  issued,  and 
the  officers  thereof,  shall  upon  the  request  of  the  Assessor  deliver  to 
him  a  full,  true  and  complete  list  of  the  names  of  the  stockholders  in 
such  bank  and  of  the  number  of  shares  owned  by  each  on  the  close  of 
business  on  the  day  preceding  the  first  day  of  May  as  shown  by  its 
books  and  records  and  shall  also  upon  such  request  deliver  to  the  Asses- 
sor a  true  statement  of  the  total  number  of  shares  comprising  the  cap- 
ital stock  of  the  bank. 

SEC.  6.  Every  bank  in  which  shares  of  stock  have  been  issued  shall 
pay  to  the  tax  collector,  or  other  person  authorized  to  collect  the  taxes 
of  the  State,  county,  city,  town,  or  district  in  which  the  same  is  located 
at  the  time  in  each  year  when  other  taxes  assessed  in  the  said  State, 
county,  city,  town  or  district  become  due,  the  amount  of  the  tax  so 
assessed  in  such  year  upon  the  shares  in  such  bank,  and  if  such  tax  is 


'1  •  WENT Y- SECOND   SESSION.  15 

not  so  paid  the  said  bank  shall  be  liable  for  the  same  and  for  equal 
penalties  provided  for  by  law  in  the  collection  of  delinquent  taxes  upon 
other  property. 

S  K<'.  7.  The  shares  of  such  banks  in  which  shares  of  stock  have 
been  issued  shall  be  subject  to  the  tax  paid  thereon  by  the  bank  or  by 
the  officers  thereof,  and  the  bank  and  the  officers  thereof  shall  have  a 
lien  on  all  the  shares  in  such  bank  and  on  all  the  rights  and  property 
of  the  shareholders  in  the  bank  and  the  property  thereof  for  the  pay- 
ment of  said  taxes. 

VETO   MESSAGE   ON  ASSEMBLY  BILL   NO.  47. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  8,  1905. 

To  tJir  Honorable  the  Assembly: 

I  have  the  honor  to  return  to  your  honorable  body,  without  my 
approval,  Assembly  Bill  No.  47 — An  Act  regulating  the  assessment 
and  taxation  of  banks  and  of  the  shares  of  stock  therein. 

My  objections  to  the  passage  of  this  bill  are: 

That  it  is  special  in  its  application  to  banks.  If  the  shares  of  a 
bank  are  assessable,  it  is  now  the  duty  of  the  Assessors  to  assess  them 
without  any  special  law  to  that  effect.  The  State  Board  of  Assessors 
did  not  include  this  kind  of  property  in  the  list  of  valuations,  and  it  is 
therefore  left  to  the  discretion  of  the  several  County  Assessors.  Quot- 
ing from  the  law  as  it  now  stands,  I  do  not  see  wherein  this  bill  can  be 
an  improvement.  Section  1082,  Compiled  Laws,  provides: 

"All  capital  loaned,  invested  or  employed  in  trade,  commerce  or  busi- 
ness whatsoever;  the  capital  stock  of  all  corporations  (except  the  capital 
stock  of  corporations  organized  for  mining  purposes),  companies,  asso- 
ciations, ferries,  or  individuals  doing  business  or  having  an  office  within 
this  State;  the  money,  property  and  effects  of  every  kind,  except  real 
estate,  of  all  banks,  banking  institutions  or  firms,  bankers,  moneylenders 
and  brokers,  and  all  property  of  whatever  kind  or  nature  not  included 
in  the  term  'real  estate,'  as  said  term  is  defined  in  this  Act;  provided, 
that  gold  and  silver -bearing  ores,  quartz  or  minerals  from  which  gold  or 
silver  is  extracted  when  in  the  hands  of  the  producers  thereof,  shall  not 
mean,  nor  be  taken  to  mean,  nor  be  listed  and  assessed  under  the  term 
'personal  property,'  as  used  in  this  section  of  this  Act,  but  are  speci- 
ally excepted  therefrom,  and  shall  be  listed,  assessed  and  taxed  as  pro- 
vided by  law.  The  term  'full  cash  value'  means  the  amount  at  which 
the  property  would  be  appraised  if  taken  in  payment  of  a  just  debt  due 
from  a  solvent  debtor." 

A  thorough  examination  of  this  bill  convinces  me  that  no  improve- 
ment has  been  made  over  the  statute  now  in  force. 

Banks  are  essential  to  the  convenience  of  the  public,  and  should  pay 
their  just  share  of  taxes.  And  they  should  have  equal  protection  before 
the  law  with  all  other  corporations  or  companies  existing.  Develop- 
ments are  being  made  in  this  State  wherein  banks  are  benefactors  and 
help  to  build  up  the  State  by  assisting  new  and  remote  districts. 
Respectfully, 

JOHN  SPARKS, 

Governor. 


16  GOVERNOR'S  VETO  MESSAGES. 

Assembly  Bill  No,  72, 

INTRODUCED  BY  MR.  WRIGHT, 

FEBRUARY  16,  1905. 

AN  ACT 

MAKING  IT  UNLAWFUL  FOR  ANY  PERSON  TO  WEAR  THE  BADGE, 
LAPEL-BUTTON  OR  OTHER  RECOGNIZED  AND  ESTABLISHED  INSIG- 
NIA OF  ANY  LODGE  OR  SECRET  SOCIETY,  UNLESS  ENTITLED  TO 
WEAR  THE  SAME  UNDER  THE  RULES  AND  REGULATIONS  OF 
SUCH  ORDER  OR  SOCIETY. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.  Any  person  who  wilfully  wears  the  badge,  lapel -button, 
rosette,  or  other  recognized  and  established  insignia  of  any  secret 
society,  order  or  organization,  or  uses  the  same  to  obtain  aid  within 
this  State,  unless  entitled  to  wear  or  use  the  same,  under  the  constitu- 
tion, by-laws,  or  rules  and  regulations,  or  other  laws  or  enactments  of 
such  order  or  society,  is  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars  or  by  imprisonment  in  the  county  jail  for  not 
less  than  five  days  nor  more  than  sixty  days,  or  by  both  such  fine  and 
imprisonment. 

VETO   MESSAGE    ON  ASSEMBLY  BILL  NO.  72. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  (J,  1905. 

To  the  Honorable  the  Assembly: 

I  have  the  honor  to  return  to  your  honorable  body,  without  my 
approval,  Assembly  Bill  No.  72 — An  Act  making  it  unlawful  for  any 
person  to  wear  the  badge,  lapel -button  or  other  recognized  and  estab- 
lished insignia  of  any  lodge  or  secret  society,  unless  entitled  to  wear  the 
same  under  the  rules  and  regulations  of  such  order  or  society. 

This  bill,  if  it  becomes  a  law,  may  be  the  means  of  punishing  inno- 
cent persons  who  have  no  knowledge  of  the  insignia  of  any  order  and 
who  might  desire  to  purchase  and  wear  emblems  suitable  to  their 
choice.  Men,  women  and  children  have  a  God -given  right  to  wear  any 
or  all  colors  which  will  gratify  and  please  themselves.  If  applying  to 
any  member  of  an  order  with  intent  to  procure  aid  by  imposition,  the 
law,  as  it  now  stands,  will  punish  for  obtaining  money  under  false  pre- 
tenses. Further,  if  a  person  cannot  take  the  test,  he  can  be  exposed 
and  detected  by  any  member  of  the  order  to  which  the  emblem  belongs. 
Respectfully, 

JOHN  SPARKS, 

Governor. 


TWENTY -SECOND   SESSION.  17 

Senate  Bill  No.  24, 

INTRODUCED  BY  SENATOR  ROFF, 
FEBRUARY  3,  1905. 

AN  ACT 

RESTRICTING   THE   SALE   OF    LIQUOR   IN   CERTAIN    LOCALITIES   AND 
PROVIDING  PENALTIES  FOR  VIOLATIONS  OF  THIS  ACT. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.  It  shall  be  unlawful  to  grant  a  license  to  any  person, 
persons,  firm  or  corporation  to  sell,  barter  or  exchange,  or  otherwise 
dispose  of  any  malt,  spirituous,  vinous,  or  other  intoxicating  liquors  in 
less  quantities  than  five  gallons,  within  five  miles  of  any  camp  or 
assemblage  of  men  engaged  in  the  construction  or  the  repair  of  any 
railroad,  canal,  ditch,  reservoir,  public  work,  or  other  kindred  enter- 
prise, where  twenty-five  or  more  men  are  employed. 

SEC.  2.  Any  person  who  shall  sell,  barter,  exchange,  or  offer  for 
sale,  barter,  exchange,  or  who  shall  otherwise  dispose  of  any  malt, 
spirituous,  vinous,  or  intoxicating  liquor  in  less  quantities  than  five 
gallons  within  five  miles  of  any  camp  or  assemblage  of  twenty -five  or 
more  men  engaged  in  the  construction  or  the  repair  of  any  railroad, 
canal,  ditch,  reservoir,  public  work,  or  other  kindred  enterprise,  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  fined  in  a  sum  not  less  than  one  hundred  dollars  nor  more  than  three 
hundred  dollars  for  each  offense,  and  in  default  of  the  payment  of  said 
fine  shall  be  imprisoned  in  the  county  jail  for  a  period  not  less  than 
fifty  days  nor  more  than  one  hundred  days,  and  in  the  discretion  of 
the  court  may  be  punished  by  both  such  fine  and  imprisonment,  and 
any  attempt  to  avoid  the  provision  of  this  Act  by  giving  or  disposing 
of  any  such  liquor  to  any  person  on  the  pretense  or  for  the  reason 
that  such  person  has  purchased,  or  designs,  or  is  expecting  to  purchase 
some  other  article,  shall  be  deemed  a  sale  within  the  provisions  of  this 
Act;  provided,  that  nothing  contained  in  this  section  shall  apply  to 
sales  of  liquor  made  under  a  license  issued  by  any  incorporated  town 
or  city,  nor  to  sales  at  saloons  or  other  places  at  which  such  liquors  are 
sold  or  disposed  of  outside  of  the  corporation  limits  of  cities  or  towns, 
where  such  saloons  have  been  established  and  licensed  for  six  months 
immediately  prior  to  the  beginning  of  such  construction  or  repair  work 
within  said  five -mile  limit. 

SEC.  3.  It  shall  be  the  duty  of  the  Board  of  County  Commissioners 
to  forthwith  revoke  all  existing  licenses  for  selling  liquor  within  their 
respective  counties  within  such  five -mile  limit  where  the  saloons  at 
which  such  liquors  are  sold  were  not  established  at  least  six  months 
immediately  prior  to  the  commencement  of  said  construction  or  repair 
work,  excepting  as  hereinafter  provided.  BuiKfroft  Ubraiy 

SEC.  4.  Justices  of  the  Peace  in  their  respective  townships  or  pre- 
cincts shall  have  jurisdiction  to  originally  hear  and  determine  all  cases 
arising  under  the  provisions  of  this  Act. 

SEC.  5.  Nothing  herein  contained  shall  affect  or  be  held  to  apply  to 
granting  or  use  of  licenses,  as  mentioned  in  Section  1,  in  established 
337 


18  GOVERNOR'S  VETO  MESSAGES. 

communities  where  the  population  is  one  hundred  or  more  at  the  time 
when  construction  work  mentioned  in  Section  1  hereof  shall  be  begun 
in  said  five -mile  limit. 

SEC.  6.     This  Act  shall  take  effect  upon  its  passage  and  approval. 


VETO   MESSAGE    ON   SENATE    BILL   NO.  24. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  9,  1905. 
To  the  Honorable  the  Senate: 

I  have  the  honor  to  return  to  your  honorable  body,  without  my 
approval,  Senate  Bill  No.  24 — An  Act  restricting  the  sale  of  liquors  in 
certain  localities,  and  providing  penalties  for  violations  of  this  Act. 

My  objections  to  this  bill  are  that  the  subject  matter  contained, 
restricting  the  sale  of  liquor  in  certain  localities,  cannot  be  considered 
in  any  sense  other  than  special  in  character. 

Our  State  law  empowers  the  county  officers  to  issue  a  license  to  any 
person  applying  to  do  business  in  any  part  of  the  State,  providing  that 
such  business  is  carried  out  in  a  decent  and  orderly  manner,  including 
wholesale  and  retail  goods,  wares  and  merchandise  of  every  kind  and 
character.  This  Act  restricts  the  sale  of  liquor,  etc.,  within  five  miles 
of  any  public  works.  No  person  can  do  business  in  the  line  indicated 
without  getting  licenses  from  the  State  and  Federal  Governments.  If 
the  revenue  officers  of  the  government  should  be  empowered  to  refuse 
applications  for  licenses  within  the  limits  prescribed,  there  would  be  no 
necessity  for  the  law.  The  law  would,  if  passed,  make  such  communi- 
ties conform  to  military  rules  concerning  United  States  garrisons  and 
reservations.  The  limit  of  five  miles  is  extreme,  and  might  interfere 
with  the  legitimate  business  which  should  be  allowed  under  the  laws 
of  the  State.  The  bill,  if  passed,  authorizes  the  sale  of  liquor  by 
wholesale,  and  if  wholesale  liquor  licenses  be  granted,  there  can  be  no 
reasonable  excuse  for  depriving  the  retail  dealer  from  doing  business. 
Respectfully, 

JOHN  SPARKS, 

Governor. 

Assembly  Bill  No.  125, 

INTRODUCED  BY  MR.  WRIGHT, 

FEBRUARY  28,  1905. 

AN  ACT 

To  AMEND  AN  ACT  ENTITLED  "AN  ACT  TO  PREVENT  THE  POLLUTION 
OR  CONTAMINATION  OF  THE  WATERS  OF  THE  LAKES,  RIVERS, 
STREAMS  AND  DITCHES  IN  THE  STATE  OF  NEVADA,  PRESCRIBING 
PENALTIES,  AND  MAKING  AN  APPROPRIATION  TO  CARRY  OUT  THE 
PROVISIONS  OF  THIS  ACT,"  APPROVED  MARCH  20,  1903. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.  Section  1  of  the  above -entitled  Act  shall  be  amended  to 
read  as  follows: 

Section  1,     Any  person  or  persons,  firm,  company,  corporation  or 


TWKNTY-SKCOM)    SESSION.  1!) 

association  in  this  State  or  the  managing  agent  of  any  person  or  per- 
sons, firm,  company  or  corporation  or  association  in  this  State,  or  any 
duly  elected,  appointed  or  lawfully  created  officer  of  any  county,  city, 
town,  municipality,  or  municipal  government  in  this  State,  who  shall 
deposit,  or  who  shall  permit  or  allow  any  person  or  persons  in  their 
•  MM  ploy  or  under  their  control,  management  or  direction  to  deposit  in 
any  of  the  waters  of  the  lakes,  rivers,  streams  and  ditches  in  this  State 
any  sawdust,  rubbish,  filth  or  poisonous  or  deleterious  substances  liable 
to  affect  the  health  of  persons,  fish,  or  live  stock,  or  place  or  deposit 
any  such  deleterious  substance  or  substances  in  any  place  where  the 
same  may  be  washed  or  filtered  into  any  of  the  waters  herein  named, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  any  sum  not  less  than  fifty  dollars  nor  more  than  five 
hundred  dollars,  exclusive  of  court  costs;  provided,  that  in  case  of  Gov- 
ernment institutions,  State  institutions,  municipalities,  towns,  incor- 
porated towns  or  cities,  when,  owing  to  the  magnitude  of  the  work, 
immediate  correction  of  the  evil  is  impractical,  then  in  such  cases  the 
authorities  shall  adopt  all  new  work,  and  as  rapidly  as  possible  recon- 
struct the  old  systems  of  drainage  sewerage  and  so  as  to  conform  with  the 
provisions  of  this  Act;  and  provided  further,  that  all  such  new  and 
reconstructed  systems  shall  be  completed  within  six  years  from  March 
20,  1903;  provided,  that  nothing  in  this  Act  shall  be  so  construed  as  to 
permit  mining  or  milling  companies  to  dump  tailings  directly  into  any 
stream  in  this  State  so  as  to  prevent  or  impede  the  natural  flow  of  such 
stream.  Nothing  in  this  Act  shall  be  so  construed  as  to  apply  to  any 
quartz  mill  or  ore  reduction  works  in  this  State. 


VETO  MESSAGE  ON  ASSEMBLY  BILL  NO.  125. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  25,  1905. 

To  the  Honorable  the  Secretary  of  State: 

I  have  the  honor  to  deposit  with  you,  without  my  approval,  Assembly 
Bill  No.  125 — An  Act  to  amend  an  Act  entitled  "An  Act  to  prevent 
the  pollution  or  contamination  of  the  waters  of  the  lakes,  rivers,  streams 
and  ditches  in  the  State  of  Nevada." 

My  objections  to  the  provisions  of  this  bill  are  that  it  differs  from 
the  Act  which  it  amends  in  no  essential  feature,  except  to  extend  the 
time  of  completion.  The  Legislature  will  assemble  again  before  the 
time  limit  expires,  and,  if  necessary,  it  may  be  extended.  We  have  sued 
our  neighbors  across  the  line  in  California  for  polluting  the  waters  of 
the  Truckee  River.  It  would  certainly  be  commendable  if  we  began 
the  practice  among  ourselves  of  keeping  the  waters  of  our  streams  and 
lakes  as  free  from  pollution  as  we  wish  California  to  keep  them. 

The  people  of  Reno  and  others  living  contiguous  to  the  Truckee 
River  have  been  very  dilatory  in  commencing  the  system  of  drainage 
and  sewerage  as  required  by  the  law  enacted  two  years  ago,  thereby 
subjecting  thousands  of  people  to  the  use  of  the  contaminated  waters 
flowing  in  the  Truckee  River.  Not  only  this,  but  they  have  contributed 
immensely  to  its  impurities,  rendering  it  more  deleterious  to  both  health 
and  life. 

Two  years  of  precious  time  have  been  wasted  without  any  steps  hav- 


20  GOVERNOR'S  VETO  MESSAGES. 

ing  been  taken  to  assist  those  so  exposed,  and  as  there  are  two  years 
more  to  run,  I  do  not  feel  warranted  in  extending  the  time. 

Taking  into  consideration  the  rapid  growth  of  Reno  and  Sparks, 
work  should,  under  the  law,  begin  at  once  and  be  pushed  to  completion 
as  rapidly  as  possible. 

Respectfully,  JOHN  SPARKS, 

Governor. 


Senate  Bill  No.  89, 
INTRODUCED  BY  SENATOR  CAMPBELL, 

MARCH  8,  1905. 

AN  ACT 

AUTHORIZING  LINCOLN  COUNTY  TO  REFUND  ITS  EXISTING 
INDEBTEDNESS. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.  The  Board  of  County  Commissioners  of  Lincoln  County, 
Nevada,  by  an  affirmative  vote  of  a  majority  of  the  members  thereof, 
are  hereby  empowered  to  fund  and  refund  the  existing  indebtedness  of 
said  county,  which  has  accrued  under  an  Act  entitled  "An  Act  to  con- 
solidate and  fund  the  indebtedness  of  Lincoln  County,"  approved  Feb- 
ruary 17,  1873;  provided,  that  said  indebtedness  can  be  refunded  for  an 
amount  not  exceeding  four  hundred  thousand  dollars,  and  issue  bonds 
of  the  county  therefor  in  sums  not  less  than  one  hundred  dollars,  nor 
more  than  one  thousand  dollars  each,  having  not  more  than  thirty 
years  to  run  and  bearing  a  rate  of  interest  not  exceeding  five  per  cent 
per  annum,  payable  semi -annually,  which  bonds  shall  be  substantially 
in  the  following  form : 

No The  County  of  Lincoln,  in  the  State  of  Nevada,  for  value 

received,  promises  to  pay ,  or  order,  at  the  office  of  the 

Treasurer  of  said  county,  in on  the  first  day  of , 

hundred  and (thirty  years  after  date,  or  at  any  time  before 

that  date  and  after  ten  years  after  date)  at  the  pleasure  of  the  County, 

the  sum  of dollars  in  United  States  gold  coin,  with 

interest  at  the  rate  of per  cent  per  annum,  payable  at  the  office 

of  said  Treasurer  semi -annually,  on  the  first  day  of and 

in  each  year  on  presentation  and  surrender  of  the  interest 

coupons  hereto  attached.  This  bond  is  issued  by  the  Board  of  County 
Commissioners,  in  conformity  to  a  resolution  of  said  Board,  dated  the 

day  of ,  hundred  and ,  and  under  authority 

conferred  upon  said  Board  by  the  provisions  of  an  Act  of  the  Legisla- 
ture of  Nevada,  entitled  "An  Act  authorizing  Lincoln  County  to  refund 
its  existing  indebtedness,"  approved  (insert  date  of  approval  of  this 
Act). 

In  testimony  whereof,  the  said  county,  by  its  Board  of  County  Com- 
missioners, has  caused  this  bond  to  be  signed  by  the  Chairman  of  the 


TWENTY -SECOND    SESSION.  21 

Board,  and  attested  by  the  County  Clerk,  with  his  seal  attached,  this 

day  of ,  hundred  and 

,  Chairman  of  Board  of  County  Commissioners. 

Attest:     ,  County  Clerk. 

And  the  interest  coupon  shall  be  in  the  following  form: 

The  Treasurer  of  Lincoln  County,  Nevada,  will  pay  to  the  holder 

hereof  on  the day  of , hundred  and ,  at  his 

office  in ,  dollars,  United  States  gold  coin, 

for  interest  on  County  Bond  No 

,  Chairman  of  Board  of  County  Commissioners. 

Attest:     ,  County  Clerk. 

SEC.  2.  Whenever  bonds  issued  under  this  section  shall  be  duly 
executed,  numbered  consecutively,  and  sealed,  they  shall  be  delivered 
to  the  County  Treasurer,  and  his  receipt  taken  therefor,  and  he  shall 
stand  charged  on  his  official  bond  with  all  bonds  delivered  to  him  and 
the  proceeds  thereof,  and  he  shall  sell  the  same  or  exchange  the  same 
under  the  direction  of  the  Board  of  County  Commissioners,  on  the  best 
available  terms,  for  any  legal  indebtedness  of  the  county  outstanding 
on  the  date  when  this  Act  becomes  a  law,  and  if  any  portion  of  such 
bonds  are  sold  for  money  the  proceeds  thereof  shall  be  applied  exclu- 
sively for  the  payment  of  liabilities  existing  against  the  county  at  and 
before  the  date  above  named.  When  they  are  exchanged  for  bonds  or 
warrants  or  other  legal  evidences  of  county  indebtedness,  the  Treasurer 
shall  at  once  proceed  to  cancel  the  old  bond  and  such  other  evidence 
of  indebtedness  by  stamping  on  the  face  thereof  the  amount  for  which 
they  were  received,  the  word  "Canceled,"  and  the  date  of  cancelation, 
and  if  said  bonds,  or  any  of  them,  shall  be  exchanged  for  any  judgment 
indebtedness  against  said  county,  said  Treasurer  shall  require  the  deliv- 
ery to  him,  for  filing  in  the  proper  court,  of  a  duly  executed  release  and 
satisfaction  of  said  judgment.  He  shall  also  keep  a  record  of  bonds  sold 
or  exchanged  by  him,  by  number,  date  of  sale,  amount,  date  of  maturity, 
the  name  and  postoffice  address  of  purchasers,  and  if  exchanged  what 
evidence  of  indebtedness  was  received  therefor;  which  record  shall  be 
open  at  all  times  for  inspection  by  the  public.  Whenever  the  holder  of 
any  bond  shall  sell  or  transfer  it  the  purchaser  shall  notify  the  Treas- 
urer of  such  sale  or  transfer,  giving  at  the  same  time  the  number  of  the 
bonds  transferred  and  his  postoffice  address,  and  every  transfer  shall  be 
noted  on  the  record.  The  Treasurer  shall  also  report,  under  oath,  to 
the  Board,  semi -annually,  a  statement  of  all  bonds  sold  or  exchanged 
by  him  since  the  preceding  report,  and  the  date  of  such  sale  or  exchange, 
and,  when  exchanged,  a  list  or  description  of  the  county  indebtedness 
exchanged  therefor,  and  the  amount  of  accrued  interest  received  by  him 
on  such  sale  or  exchange,  which  latter  sum  shall  be  charged  to  him  as 
money  received  by  him  on  Bond  Fund,  and  so  entered  by  him  on  his 
books;  but  such  bonds  shall  not  be  sold  or  exchanged  for  any  indebt- 
edness of  the  county,  except  by  the  approval  of  the  Board  of  County 
Commissioners  of  said  county.  No  sale  shall  be  made  of  any  such 
bonds  except  to  the  highest  bidder,  after  advertising  for  bids  for  the 
purchase  of  the  same  for  not  less  than  three  weeks  in  at  least  one  news- 
paper published  in  the  county,  if  there  be  a  newspaper  published  in 
the  county,  and  if  not,  then  in  some  newspaper  of  general  circulation 
published  in  the  State,  the  right  being  reserved  in  such  advertisement 
to  reject  any  and  all  such  bids,  but  said  bonds  may  be  exchanged  for 


22  GOVERNOR'S  VETO  MESSAGES. 

other  bonds  or  warrants  or  other  indebtedness  against  the  county, 
without  advertising,  at  any  time  under  the  direction  of  the  Board  of 
County  Commissioners,  but  no  bonds  shall  be  sold  or  exchanged  for  less 
than  par. 

SEC.  3.  The  Board  of  County  Commissioners  shall  cause  to  be 
assessed  and  levied  each  year,  upon  the  taxable  property  of  the  county, 
in  addition  to  the  levy  authorized  for  other  purposes,  a  sufficient  tax  to 
pay  the  interest  on  outstanding  bonds,  issued  in  conformity  with  the 
provisions  of  this  Act,  accruing  before  the  next  annual  levy;  in  the  tenth 
year  after  the  issue  of  such  bonds,  and  in  each  year  thereafter,  a  tax 
sufficient  to  pay  at  least  one -twentieth  of  the  bonds  then  unpaid;  and 
the  moneys  arising  from  such  levies  shall  be  known  as  the  "Bond 
Fund,"  and  shall  be  used  for  the  payment  of  bonds  and  interest  cou- 
pons, and  for  no  other  purpose  whatever;  and  the  Treasurer  shall  open 
and  keep  in  his  books  a  separate  and  special  account  thereof,  which 
shall  at  all  times  show  the  exact  condition  of  said  Bond  Fund. 

SEC.  4.  Whenever,  after  ten  years  from  the  date  of  the  bond,  the 
amount  in  the  hands  of  the  Treasurer,  belonging  to  the  Bond  Fund  after- 
setting  aside  the  sum  required  to  pay  the  interest  maturing  before  the 
next  levy,  is  sufficient  to  redeem  five  or  more  bonds,  he  shall  notify  by 
mail,  the  owner  of  such  bond  or  bonds  that  he  is  prepared  to  pay  the 
same,  with  all  interest  accrued  thereon,  and  that  if  not  presented  for 
payment  or  redemption  within  forty  days  after  the  date  of  such  notice, 
the  interest  on  such  bonds  shall  cease,  and  the  amount  due  thereon 
shall  be  set  aside  for  its  payments  whenever  presented.  The  notice 
shall  be  directed  to  the  owner's  postoffice  address,  as  shown  by  the 
record  kept  in  the  Treasurer's  office.  If  said  bonds  are  not  so  presented, 
interest  shall  cease,  and  the  amount  due  shall  be  set  aside  as  specified 
in  said  advertisement.  All  redemptions  shall  be  made  in  the  exact 
order  of  their  issuance,  beginning  at  the  lowest  or  first  number,  and  the 
notice  herein  required  shall  be  directed  to  the  postoffice  address  of  the 
owner,  as  shown  by  the  record  kept  in  the  Treasurer's  office. 

SEC.  5.  An  Act  entitled  "An  Act  to  refund  the  bonded  indebtedness 
of  Lincoln  County,"  approved  March  13,  1903,  is  hereby  repealed. 


VETO    MESSAGE    ON    SENATE    BILL   NO.  89. 

EXECUTIVE  CHAMBER, 
CARSON  CITY  NEVADA,  March  25,  1905. 

To  the  Honorable  Secretary  of  State: 

I  have  the  honor  to  deposit  with  you,  without  my  approval,  Senate 
Bill  No.  89 — An  Act  authorizing  Lincoln  County  to  fund  and  refund 
its  existing  indebtedness,  providing  said  indebtedness  can  be  refunded 
for  an  amount  not  exceeding  four  hundred  thousand  dollars. 

This  Act  is  a  purely  local  measure,  and  was  supported  by  the  entire 
vote  of  the  Lincoln  County  delegation  in  the  Legislature.  It  is,  there- 
fore, a  matter  of  regret  to  me  that  in  the  discharge  of  duty  it  becomes 
necessary  to  interpose  an  objection  which,  under  the  Constitution,  will 
delay,  for  a  time  at  least,  its  operation  as  a  law.  This  transaction  is  one 
of  great  importance  and  magnitude  to  the  future  welfare  of  Lincoln 
County,  involving  the  prosperity  of  its  citizens,  and,  if  unsuccessful, 
imperiling  the  credit  of  the  State  at  large. 


TWENTY -SECOND   SESSION.  L'-J 

As  outlined,  the  bill  empowers  the  Board  of  County  Commissioners, 
by  an  affirmative  vote  of  a  majority  of  the  members  thereof,  without 
Miithorizing  a  vote  of  the  people  thereon,  to  refund  the  existing  indebt- 
edness of  said  county  which  has  accrued  under  an  Act  entitled  "An  Act 
to  consolidate  and  fund  the  indebtedness  of  Lincoln  County,"  approved 
February  17,  1873,  "provided,  that  said  indebtedness  can  be  refunded 
for  an  amount  not  exceeding  four  hundred  thousand  dollars,"  and  issue 
bonds  of  the  county  therefor  having  not  more  than  thirty  years  to  run, 
at  a  rate  of  interest  not  exceeding  five  per  cent  per  annum,  payable 
semi -annually,  and  at  the  expiration  of  ten  years  the  redemption  of  the 
bonds  by  the  county  may  begin. 

In  this  Act  it  will  be  observed  that  no  statement  of  the  amount  of 
indebtedness  now  outstanding  against  Lincoln  County  has  been  made, 
and  the  broad  privilege  has  been  given  to  the  County  Commissioners 
to  fund  and  refund  the  existing  debt  for  a  sum  not  exceeding  four  hun- 
dred thousand  dollars.  In  my  judgment  the  bill  would  have  been 
improved  had  the  amount  of  outstanding  indebtedness  been  named 
which  this  four  hundred  thousand  dollars  should  cover  and  cancel. 
However,  I  have  no  disposition  to  criticize  the  conditions  stated  in  the 
Act,  nor  enter  into  a  profit  or  loss  scrutiny  of  its  effects.  It  has  been 
my  desire  to  obtain  correct  information  from  the  citizens  of  the  county 
as  to  their  preference  concerning  the  enactment  of  this  bill  into  law. 
The  limit  allowed  me  has  been  occupied  in  obtaining  this  knowledge, 
and  the  expression  of  opinion  has  been  radically  opposite  and  earnest. 

After  due  consideration  I  have  come  to  the  conclusion  that  the  proper 
thing  to  do  is  to  give  the  citizens  of  Lincoln  County  the  privilege  of 
voting  for  or  against  this  measure.  According  to  reports  this  question 
was  not  an  issue  in  the  last  campaign,  when  selecting  representatives 
to  the  Legislature.  Upon  adjournment  of  the  Legislature  the  Lincoln 
County  delegation  requested  me  to  await  action  until  they  could  return 
to  their  constituents  and  investigate  and  ascertain  their  views.  This 
request  was  granted  with  the  suggestion  that  they  go  home,  and,  if  pos- 
sible, hold  mass  meetings  and  get  the  popular  sentiment  of  the  citizens. 
Since  that  time  many  telegrams  have  been  received,  some  approving 
the  measure,  others  protesting  against  it.  The  preponderance  of  testi- 
mony, however,  has  been  against  the  passage  of  the  bill. 

In  popular  governments  the  will  of  the  people  registered  at  the  polls 
directs  legislation.  Let  this  principle  prevail  in  this  case,  and  let  the 
majority  exercise  their  rights,  and  govern  the  financial  affairs  of  the 
county  as  in  other  matters. 

Respectfully,  JOHN  SPARKS, 

Governor. 


